Mid America Gutters, Inc. v. Thompson Creek Window Company et al



 
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RFC Case Number: P-M12-2322T
Court Case Number: 1:12-cv-02322-CCB
File Date: Tuesday, August 07, 2012
Plaintiff: Mid America Gutters, Inc.
Plaintiff Counsel: Edward J. Collins, Richard J. Rinear, Zachary D. Bahorik, Jeffrey T. Kenney of Droder & Miller Co., L.P.A.
Defendant: Thompson Creek Window Company
Rick Wuest
Cause: 35:271 Patent Infringement
Court: Maryland District Court
Judge: Judge Catherine C. Blake
Notes:
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Docket Text

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Date # Docket Text
8/7/2012 22 Correspondence re: Case Transfered from U.S. District Court for Southern District of Ohio. (c/m 8/7/2012-sls) (sls, Deputy Clerk) (Entered: 08/07/2012)
8/7/2012 21 Case transferred in from District of Ohio Southern; Case Number 1:11-cv-00843. Original file certified copy of transfer order and docket sheet received. (Entered: 08/07/2012)
8/6/2012 20 ORDER granting 5 Motion to Dismiss, or in the alternative, to Transfer Venue; this matter is transferred to the United States District Court for the District of Maryland. Signed by Judge Michael R. Barrett on 8/6/12. (ba1) (Entered: 08/06/2012)
8/6/2012 Case transferred to District of District of Maryland.Case file and docket sheet sent Electronically. (ba1) (Entered: 08/06/2012)
2/6/2012 19 ORDER granting 1 Motion for TRO; no bond is required. Signed by Judge Michael R. Barrett on 2/1/12. (ba1) (Entered: 02/06/2012)
2/3/2012 18 REPLY to Response to Motion re 5 MOTION to Dismiss for Failure of Service MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or to Transfer Venue filed by Defendants Thompson Creek Window Company, Rick Wuest. (Attachments: # 1 Affidavit 2-3-12 Declaration of Rick Wuest, # 2 Exhibit Exhibit 1 to Declaration of Rick Wuest, # 3 Exhibit Exhibit 2 to Declaration of Rick Wuest, # 4 Exhibit Exhibit 3 to Declaration of Rick Wuest) (Sefton, Warren) (Entered: 02/03/2012)
2/2/2012 17 ORDER granting 16 Motion for Extension of Time to File Response/Reply re 5 MOTION to Dismiss for Failure of Service MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or to Transfer Venue Replies due by 2/3/2012. Signed by Judge Michael R. Barrett on 2/2/12. (ba1) (Entered: 02/02/2012)
2/1/2012 16 MOTION for Extension of Time to File Response/Reply New date requested 2/3/2012. by Defendants Thompson Creek Window Company, Rick Wuest. (Attachments: # 1 Exhibit Proposed Order Granting Motion) (Sefton, Warren) (Entered: 02/01/2012)
1/26/2012 15 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 1/26/2012 re 1 MOTION for Temporary Restraining Order filed by Mid America Gutters, Inc; Counsel present; testimony and arguments heard; Plaintiff to provide the court with an order re TRO; Defendant permitted to file a reply re 5 Motion to Dismiss by 2/1/12; Court's order to follow. (Court Reporter Maryann Maffia, Official.) (Attachments: # 1 Exhibit Exhibit List) (ba1) (Entered: 01/26/2012)
1/26/2012 14 Exhibit List for Temporary Restraining Order/Preliminary Injunction Hearing by Defendants Thompson Creek Window Company, Rick Wuest.. (Sefton, Warren) (Entered: 01/26/2012)
1/24/2012 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/24/2012; Richard Rinear appeared for Plaintiff; Jeff Sefton and Jack Zurlini appeared for Defendant; this matter to proceed with the 1 Motion for Temporary Restraining Order as previously set 1/26/12 at 1:00 pm, Courtroom 109; parties may alter the start time by contacting the court. (ba1) (Entered: 01/24/2012)
1/23/2012 13 WAIVER OF SERVICE Returned Executed. Waiver sent to Rick Wuest on 12/19/2011, answer due 2/17/2012. (Rinear, Richard) (Entered: 01/23/2012)
1/23/2012 12 WAIVER OF SERVICE Returned Executed. Waiver sent to Thompson Creek Window Company on 12/19/2011, answer due 2/17/2012. (Rinear, Richard) (Entered: 01/23/2012)
1/20/2012 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/20/2012; Edward Collins appeared for Plaintiff; Jeffrey Sefton and Jack Zurlini appeared for Defendant; Defendant shall be permitted an extension to file a reply re: jurisdictional matter until 1/25/12; this case shall proceed with the currently scheduled 1/24/12 at 1:30 pm telephone conference regarding matters scheduled for 1/26/12; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm.. (ba1) Modified on 1/20/2012 (ba1) to edit text. (Entered: 01/20/2012)
1/20/2012 NOTICE of Hearing: Please be aware that a Status Conference is set for 1/20/2012 at 01:30 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm. (ba1) (Entered: 01/20/2012)
1/18/2012 ORAL ORDER granting 11 Motion for Extension of Time to File Response/Reply re 5 Motion to Dismiss and/or Transfer Venue until 1/20/12. Signed by Judge Michael R. Barrett on 1/18/12. (ba1) (Entered: 01/18/2012)
1/18/2012 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/18/2012; Edward Collins appeared for Plaintiff; Warren Sefton and Jack Zurlini appeared for Defendant; parties report possible resolution to TRO; a follow up Status Conference is set for 1/24/2012 at 01:30 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm. (ba1) (Entered: 01/18/2012)
1/17/2012 11 Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss for Failure of Service MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or to Transfer Venue New date requested 1/20/2012. by Defendants Thompson Creek Window Company, Rick Wuest. (Attachments: # 1 Text of Proposed Order Proposed Order) (Sefton, Warren) (Entered: 01/17/2012)
1/5/2012 10 ORDER granting 8 Motion for Leave to Appear Pro Hac Vice of Jack G. Zurlini for Defendants. Signed by Judge Michael R. Barrett on 1/5/12. (ba1) (Entered: 01/05/2012)
12/29/2011 9 RESPONSE in Opposition re 5 MOTION to Dismiss for Failure of Service MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or to Transfer Venue filed by Plaintiff Mid America Gutters, Inc.. (Collins, Edward) (Entered: 12/29/2011)
12/29/2011 8 MOTION for Leave to Appear Pro Hac Vice of Jack G. Zurlini, Jr. (Filing fee $ 200) by Defendants Thompson Creek Window Company, Rick Wuest. (Attachments: # 1 Exhibit Certificate of Good Standing) (Sefton, Warren) (Entered: 12/29/2011)
12/29/2011 PHV Filing fee: $ 200.00, receipt number 100cin013785 for Jack G. Zurlini. (jlw) (Entered: 12/30/2011)
12/20/2011 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/20/2011; Edward Collins and Richard Rinear appeared for Plaintiff; Jeff Sefton and Jack Zurlini appeared for Defendant; the hearing will proceeding but developments in the matter require resetting the hearing; Motion Hearing as to 1 MOTION for Temporary Restraining Order and 5 MOTION to Dismiss for Failure of Service MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or to Transfer Venue set for 12/20/11 is RESET to 1/26/2012 at 01:00 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett; a Status Conference will be conducted prior to the motion hearing on 1/18/2012 at 12:00 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 12:00 pm. (ba1) (Entered: 12/20/2011)
12/19/2011 7 RESPONSE in Opposition re 1 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Thompson Creek Window Company, Rick Wuest. (Additional attachment(s) added on 12/20/2011: # 1 Exhibit A - Declaration of Rick Wuest, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit B - Declaration of Donald Hasse) (mtw). Modified on 12/20/2011 - Declaration of Rick Wuest was scanned and electronically filed sideways. Clerk removed and replaced this filing per request from case manager. NEF Regenerated for counsel to review. No action required (mtw). (Entered: 12/19/2011)
12/19/2011 6 NOTICE of Appearance by Richard Leo Creighton, Jr for Defendants Thompson Creek Window Company, Rick Wuest (Creighton, Richard) (Entered: 12/19/2011)
12/19/2011 NOTICE of Hearing: Please be aware that a Status Conference is set for 12/20/2011 at 04:30 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 4:30 pm. (ba1) (Entered: 12/19/2011)
12/16/2011 5 MOTION to Dismiss for Failure of Service, MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or to Transfer Venue ( Responses due by 1/9/2012) by Defendants Thompson Creek Window Company, Rick Wuest. (Attachments: # 1 Affidavit Declaration of Rick Wuest, # 2 Exhibit Exhibit 1 to Declaration of Rick Wuest) (Sefton, Warren) (Entered: 12/16/2011)
12/14/2011 4 NOTICE of Appearance by Warren Jeffrey Sefton for Defendants Thompson Creek Window Company, Rick Wuest (Sefton, Warren) (Entered: 12/14/2011)
12/13/2011 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/13/2011; Edward Collins and Richard Rinear appeared for Plaintiff; Jeff Sefton and Jack Zurlini appeared for Defendant; Defendant's counsel to enter an appearance this date; venue argument due by Defendant 12/16/11; Response by Defendant re 1 MOTION for Temporary Restraining due 12/19/11; Motion Hearing set for 12/22/2011 at 12:30 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba1) (Entered: 12/13/2011)
12/6/2011 3 REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK. (jlw) (jlw). (Entered: 12/06/2011)
12/6/2011 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/6/2011 re 1 MOTION for Temporary Restraining Order filed by Mid America Gutters, Inc.; Edward Collins and Richard Rinear appeared for Plaintiff; Jack Zurlini appeared for Defendant; a follow up status conference re: 1 MOTION for Temporary Restraining Order is set for 12/13/2011 at 02:00 PM before Judge Michael R. Barrett by telephone; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 2:00 pm; Defendant is attempting to locate local counsel and then file a PHV motion. (ba1) (Entered: 12/06/2011)
12/5/2011 2 COMPLAINT with JURY DEMAND against Thompson Creek Window Company, Rick Wuest, filed by Mid America Gutters, Inc.. (Attachments: # 1 Exhibits A-F, # 2 Filing Fee Receipt, # 3 Civil Cover Sheet) (jlw) Modified correct filing date on 12/6/2011 (jlw). (Entered: 12/06/2011)
12/5/2011 1 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiff Mid America Gutters, Inc.. (Attachments: # 1 Affidavits of Mitchell Hadley and Margaret E. Herbold, # 2 Text of Proposed Order) (jlw) (Entered: 12/05/2011)
12/5/2011 NOTICE of Hearing on Motion re 1 MOTION for Temporary Restraining Order; Please be aware that a status conference is set for 12/6/2011 at 11:00 AM by teleconference before Judge Michael R. Barrett; Plaintiff is responsible for notifying any opposition of the date and time of this setting and to inform each party of the manner in which they must make contact with the Court; each party shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 11:00 am. (ba1) (Entered: 12/05/2011)
12/5/2011 Filing fee: $ 350.00, receipt number 100CIN013569 (jlw) (Entered: 12/05/2011)
12/5/2011 If this case is referred, it will be referred to Magistrate Judge Karen L. Litkovitz. (jlw) (Entered: 12/05/2011)
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